Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Most surprisingly to me, the court ...

The Nevada Supreme Court has a history of massaging the law to protect the state’s political elites — allowing lawmakers to ignore the two-thirds requirement for tax hikes, neutering term limits and ...

The U.S. Constitution was crafted in 1787 both to establish a new central government and to limit it. Some of the limitations are direct, some are subtle and some are hidden. The chief instrument of ...

Earlier this month, I filed suit against the U.S. Treasury to preserve Missouri's ability to cut taxes, ensuring that the federal government is kept in check—and illustrating the importance of the ...